Under the Hindu Marriage Act, 1955, the divorce can be accomplished on many grounds, one of which is conversion. If one of the spouses becomes a follower or convert to another religion, it can result in the final separation of the marriage.
To file for divorce on the grounds of conversion, the following conditions must be met:
- The religious conversion of the spouse is a must.
- He or she must have given up Hinduism.
- The transformation must have taken place after the wedding.
These are the requirements and if they are met the spouse who has not converted can file for divorce due to the conversion.
The Hindu Marriage Act provides for two types of divorce: the way the issue is being debated and argued for is both contested and mutual. In a contestable divorce, the person who applies for divorce has to demonstrate the reason for divorce to the court. Both the husband and the wife agree to the divorce and the reasons for the divorce.
In a divorce on the part of conversion, the spouse who decides to file for divorce has to prove that the other spouse has converted to another religion and has renounced Hinduism. The court will then look into whether the conversion has resulted in such marked differences that the marriage has become unbearable and has thus completely collapsed.
The court might grant a divorce if the conversion has resulted to the irreconcilable differences and the collapse of the marriage. The court might also include other factors, for instance, the custody of children, alimony, and the division of property.
It is necessary to point out that the conversion in itself may not be enough to be the reason for the divorce. The court will scrutinize all the facts and circumstances of the case and then decide if a divorce should be allowed.
Here are a few must-know pieces of information to keep in mind while fighting a divorce case on the grounds of conversion under the Hindu Marriage Act:
Hire a competent and experienced lawyer: Divorce cases are often very hard and stressful, and the proper legal assistance can be a huge help. It is crucial to employ a lawyer who specializes in family law and has a track record in managing divorce cases on the basis of conversion.
Collect evidence: In order to demonstrate that your spouse has changed to another faith and that this conversion has resulted in the un-reconcilable differences and the break of marriage, you will have to gather evidence. These items could compose the files for the conversion such as the conversion documents, the witness statements, and other relevant papers.
Be prepared for a lengthy legal process: Divorce cases can be very long to sort out, and divorce on the basis of conversion is not an exception to this. You have to be patient and ready for a long legal procedure which takes a lot of time.
Be prepared for emotional stress: Divorce is a very tough and stressful affair, and fighting a divorce case based on conversion is no less stressful. Self-care and the help of friends and family are the two main things that should be taken care of.
Consider mediation: In some instances, mediation can be a kinder and cheaper alternative to settle divorce cases. It could be good to think about mediation first before going for legal action.
Be open to negotiation: Through negotiation it is possible to reach a better result than the one you would get in the trial. It is very significant to be receptive to negotiation and to think about all the possible ways to you.
Understand the legal implications of divorce: Divorce can be a problem legally because of the issues that can be faced like the custody of the children, the division of property and the alimony. It is vital to comprehend the legal consequences of divorce and ask for legal counsel on these issues.
To summarize, the grounds of conversion are a valid reason for a divorce under the Hindu Marriage Act. The spouse who decides to file for divorce has to show that the other spouse has changed to a different religion and that the change has caused the differences that could not be reconciled and the marriage breakdown. The court will ponder all the facts and conditions of the case before divorcing a couple.
Also read – https://www.legalserviceindia.com/helpline/conversion.htm
